Comprehensive Guide to the Factories Act, 1948: Objectives, Provisions & Applicability
By Rishabh Mishra, Advocate , Legal Harinagar Sugar Mills
Objective of factories Act.
The main Objective of the Factories Act 1948 is to ensure adequate safety measures and to promote the health and welfare of the workers employed in the factories. Its main objectives are to regulate the working conditions in the factories and ensure the workers’ health, safety, and welfare. The Act provides the protections, specifically for women and young persons. The Factories Act also provides provisions for regulating working hours and providing leave entitlements.
Some Main objectives Are-:
A) Regulating Working Conditions.
B) Ensuring Health and Safety.
C) Promoting Welfare.
D) Special Protections.
E) Penalties for Violations.
Applicability of the Act.
It is applicable to the Whole of India, including Jammu & Kashmir.
Covers all the manufacturing Plants’ process establishment, which falls within the definition of the Factory.
The Act is applicable to all factories using power and employing 10 or more workers, and if not using power, employing 20 or more workers on any day of the preceding 12 months.
The persons working therein are not employed by the owner thereof but are working with the Permission of or under agreement with the owner.
Overview of the Act.
The Factories Act consists of 120 Sections and 3 Schedules, in which Schedule-1 contains the list of Industries involving hazardous processes, Schedule-2 is all about permissible level of certain chemical substances in the work environment, and Schedule-3 contains lists of notifiable Diseases.
Main Provisions of the Act.
Health and Safety
Sections 11&12 of the Act say that the factory should be kept clean, and there must be proper disposal of the waste and effluents. Section 13 of the Act says that there must be adequate ventilation, and the temperature should be reasonable for the comfort of the employees.
Sections 14&15 of the Act talk about how the dust and fumes should be controlled below the permissible limits, and the artificial humidification should be prescribed standard level.
The overcrowding in the factories should be avoided, and there must be adequate lighting, drinking water, and latrines, urinals. Spittons should be provided (Sections 16-20).
For protecting the health of the workers who are working in the factory, there must be a clean environment and all the necessary precautions shall be taken in this regard. the proper drainage system, lighting, ventilation, and temperature should be maintained.
For Safety of the workers, the Act says that the machinery should be fenced, no young Person shall work on dangerous machines, there should be an emergency exit(read Sec-12-29, Sec 31-32, Sec 35-36, Se-111, Sec-38, Sec-41a, 41h, Sec-4-B)
Welfare
Mainly Sections 42, 44, and 45 talk about the welfare and say that there should be adequate facilities for washing, sitting, and storing clothes when not worn during working hours. If a worker has to work on standing positions, there should be a sitting arrangement to take a short rest, adequate first Aid boxes should be provided and maintained.
In Case of large factories, there must be an Ambulance Room if 500 or more workers are employed; canteen if 250 or more workers are employed, Creches if 30 or more women workers are employed also a full-time welfare officer if the factory employs 500 or more workers, a safety officer if 1000 or more worker-men are employed
Working hours (Section 51-61)
No workers can be employed for more than 48 hours in a week, and the weekly holiday is compulsory If the worker is asked to work on a weekly holiday, he should have a full holiday on one of the three days immediately after the normal day of holiday. The workers can not be employed for more than 9 hours a day, and at least half an hour rest should be provided after 5 hours of work. The total period of work, inclusive of rest interval, can not be more than 10.5 hours. Overlapping of shifts is not permitted, also, the notice of the period of work should be displayed.
Overtime Wages
If a worker works beyond 9 hours a day or 48 hours a week, the overtime wages are double the rate of wages and are payable, also, the worker can not work in 2 factories; there is a restriction on double employment. However, overtime wages are not payable if the worker is on tour. Total working hours, including overtime, can not exceed 60 in a week, and total overtime in a quarter should not exceed 50 hours. Registers of overtime should be mentioned. In the case R. Ananthan V Avert India (1972)42 FJR 304 and Director of Stores V P.S Dubey 1978 Lab IC 390=52 FJR 299, it was held that an employee working outside the factory premises, like field work, can not be entitled to overtime.
Employment of Women [Section 66]
A woman worker cannot be employed beyond the hours 6 a.m. to 7.00 pm. State Government can grant exemption to any factory or group or class of factories, but no woman can be permitted to work during 10 PM to 5 AM. Shift change can be only after weekly or other holiday and not in between.
Leave
A worker is entitled in every calendar year annual leave with wages at the rate of one day for every 20 days of work performed in the previous calendar year, provided that he had worked for 240 days or more in the previous calendar year. Child worker is entitled to one day per every 15 days. While calculating 240 days, earned leave, maternity leave upto 12 weeks and lay off days will be considered, but leave shall not be earned on those days. [Section 79). – Leave can be accumulated upto 30 days in case of adult and 40 days in case of child. Leave admissible is exclusive of holidays occurring during or at either end of the leave period. Wage for period must be paid before leave begins, if leave is for 4 or more days. [Section 81]. Leave cannot be taken for more than three times in a year. Application for leave should not normally be refused. [These are minimum benefits. Employer can, of course, give additional or higher benefits].
Wages for overtime and Leave Salary
Wages for leave encashment and overtime will include dearness allowance and cash equivalent of any benefit. However, it will not include bonus or overtime.
Child Employment –
Child below age of 14 should not be employed. [Section 67]. Child above 14 but below 15 years of age can be employed only for 4.5 hours per day or during the night. [Section 71]. He should be certified fit by a certifying surgeon. [Section 68). He cannot be employed during night between 10 pm to 6 am. [Section 71]. A person over 15 but below 18 years of age is termed as ‘adolescent’. He can be employed as an adult if he has a certificate of fitness for a full day’s work from certifying surgeon. An adolescent is not permitted to work between 7 pm and 6 am. [Section 70]. There are more restrictions on employment of female adolescent. Register of child workers should be maintained. [Section 73]
Display on Notice Board –
A notice containing abstract of the Factories Act and the rules made there under, in English and local language should be displayed. Name and address of Factories Inspector and the certifying surgeon should also be displayed on notice board. [Section 108(1)].
Notice of Accidents, Diseases Etc.
Notice of any accident causing disablement of more than 48 hours, dangerous occurrences and any worker contacting occupational disease should be informed to Factories Inspector. [Section 88). Notice of dangerous occurrences and specified diseases should be given. [Sections 88A and 89].
Obligation regarding Hazardous Processes/Substances
Information about hazardous substances/processes should be given. Workers and general public in vicinity should be informed about dangers and health hazards. Safety measures and emergency plan should be ready. Safety Committee should be appointed.
